Frequently Asked Questions - Transfer

H-1 Transfer
I have an H-1B Approval Notice that is valid until next year.I have been working with my present employer for two years, but have found a position with a different company. Can my H-1B approval be transferred to this new company?

It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.

H-1B portability without a visa stamp
I came to US on H-4, so I have only H-4 stamping in my passport. Got my H1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer. Got an offer from another company, and they filed my H1b transfer, and got the i-797A approval with I-94. So my question here is, can I join the new company using the H1b transfer approval, even though I don’t have H1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my H1b stamping to join the new employer?
Deadline to join new employer after H-1B transfer is approved
After H-1B transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of H-1B transfer approval? Is there a deadline?
H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending
Situation: Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer Question: 1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ? 2. How long one can stay in US without job/payroll having H1B ?
Can I Join My Old Employer If The H-1B Transfer Is Denied?
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: 1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved? 2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied? 3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now? 4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected? Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions: 1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit? 2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org? 3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?) b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1 c.applying for concurrent H1b d. Moving on to H4EAD and filing a H1b next April e.Joining a Masters CPT college and filing a Cap-subject H-1B next year

Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

Video Transcript

1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

Transferring H-1B While an RFE is Pending
I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?
When Does One Become H-1B Cap Exempt?
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017…Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
Denial of H-1B on Level 1 Wage Issue
1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? 2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?

Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

Video Transcript

1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

Effect of Moving Abroad While Still on H-1B Visa
I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel. My question is - 1. If I change the employer in India, is there any way I can come back? What all options I will have? 2. Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?

Watch the Video on this FAQ: Effect of moving abroad while still on H-1B visa

Video Transcript

1. Yes, I think you can keep that H-1B alive as long as that job is there.

H-1B Visa Denied and Petition Sent for Revocation
I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt. The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. Current Situation: Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started. In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided. After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process. In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation. This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary). 1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer? 2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them? 3. What happens to my assets (personal stuff, bank accounts, etc) in US? 4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
Travel while H-1 extension pending – change in I-94 number
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Simultaneous filing of H-1 amendment and extension
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially. 1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary? a) H-1B Amendment with Current Employer b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer. 2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified? 3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?) 4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.